Last updated: 30th January 2023
Thank you for downloading the Zapvision App and welcome!
These Terms explain how you can use the Zapvision App and related services (each a “Service” and together, the “Services” or the “Zappar Services”). The Terms form a legal agreement between you and Zappar Limited (“Zappar,” “we,” “us,” or “our”). Please ensure you read them carefully.
By accessing or using any part of our Services, you are agreeing to follow and be bound by our Terms from that point. If you do not agree to all of the Terms, you may not access or use any part of our Services.
1. Legal relationship
Unless we tell you otherwise, the Terms govern your access to and use of our Services.
By accessing, downloading and/or using the Zapvision App and/or any other Zappar Services, you agree to be bound by these Terms (as amended from time to time) which constitute a binding legal agreement between you and us.
We reserve the right to change the Terms from time to time at our sole and absolute discretion and your use of the Services will always be subject to the most current version of the Terms posted on the Zappar Website or available within the Zappar Services at the time of such use. We recommend that you read through the Terms from time to time so that you can be sure that you are aware of the latest version.
If you breach any of the Terms, your permission to use the Zappar Services automatically and immediately terminates and you must immediately cease use of the Zappar Services and remove any materials downloaded from the Zappar Services from your computer systems and devices.
If you are under the age of 18, you should read these Terms with a parent or legal guardian. If you are under the age of 13, we recommend that you ask their permission to use the Services and certainly before submitting or sharing any information or content with us or any other user of the Services.
These Terms apply to your use of those Services that display or provide an authorised link to the Terms.
3. What means what?
In these Terms some of the words we use have capital letters. This is because we have given these words a particular meaning. These words are listed below:
“Accessible QR Code” means the QR Code with URL and (patent pending) D3 surround, including any developments or improvements of the same.
“Content” means any and all content made available on or via the Zappar Services. This might include product or service information accessed via an Accessible QR Code.
“Intellectual Property Rights” means patents, registered and unregistered trademarks and service marks, domain names, registered and unregistered designs and design rights, copyright (including such rights in computer software and databases), database rights and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs.
“Third Party Content” means content which is owned or controlled by a person other than Zappar, including (a) Content which is created by Zappar for a brand, entertainment franchise or other client and (b) Content which is published on our platform by users of our Services.
“you” means you, the natural person accessing, browsing, downloading or using any Zappar Services.
“Zapvision App” means our mobile application called ZAPVISION, including all versions of that application published by Zappar.
“Zappar” or “we” means Zappar Limited, a private limited company incorporated in the United Kingdom and registered in Scotland with company number SC394617.
“Zappar Services” means collectively the Zapvision App, Accessible QR Codes and any other applications, products or services of Zappar covered by these Terms. A reference to Zappar Services includes any and all related databases, features, functionality, plug-ins, software and web pages and with respect to Zappar Powered products, experiences and items any Accessible QR Code which appears on or within that product, experience or item.
“Zappar Website” means the official ZAPPAR website available at https://www.zappar.com/
In these Terms:
The words “includes” and “including” are not limited in any way and mean “includes or including without limitation”. The word “person” includes individuals, companies, corporations, partnerships, limited liability partnerships, co-operatives, associations and other natural and legal persons. The section headings are for convenience only and shall not affect the interpretation of these Terms. Where a conflict, ambiguity or difference exists in the interpretation, wording or meaning of a provision or term in any of our published policy documents, or in any written communication to you, the provision or term contained in the most recent policy document or communication shall apply.
These Terms were originally written in the English language (UK). To the extent any translated version of these Terms conflicts with the English version, the English version prevails.
4. The Zapvision App and Services
Nature of the Zappar Services
The Zapvision App allows visually impaired users to scan Accessible QR Codes, thereby allowing such users to access certain product and service information which would otherwise be inaccessible. Please note, Zappar provides the technology to scan the Accessible QR Codes and to present product information but it takes no responsibility nor liability for the accuracy or completeness of any product information.
You agree that the form and nature of the Zappar Services may change from time to time without prior notice to you, including bug fixes, patches, updated and new versions (collectively, “Updates”). Depending on your device setting, Updates may be automatically downloaded and installed onto your device.
You agree that Zappar may permanently or temporarily stop providing the Zappar Services or any aspect(s) of the Zappar Services at our sole and absolute discretion for any reason and without prior notice to you. Your access to the Zappar Services may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
In order to improve the Services or develop new features, products or services, Zappar reserves the right to make changes by adding or removing features, products and functionality with or without prior notice.
As a result of the above, you may find that you are unable to access the Zappar Services, including access to product or service information of third parties. WE WILL NOT BE LIABLE TO YOU FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUATION OF THE ZAPPAR SERVICES.
A list of devices which support the Zapvision App can be found here: https://www.zappar.com/zapvision/devices/
Third Party Content
When providing users with access to Third Party Content, Zappar acts on behalf of the owner and/or controller of the rights in such Third Party Content (a “Licensor”). The name of such Licensor may be explicitly displayed in the Third Party Content and/or a splash screen when accessing such Third Party Content.
You understand and accept that the Third Party Content or parts of the Third Party Content may be protected by Intellectual Property Rights of the Licensor or other third parties. You must not reproduce, copy, alter, create derivative works from, rent, sell or distribute the Third Party Content in any way, including by uploading content to a website or file sharing service, unless expressly permitted to do so by the Licensor.
Third Party Services
The Zappar Services may contain links to applications, websites, microsites and other online services operated by third parties (a “Third Party Service”) that are beyond Zappar’s control and are provided to you for your convenience only. Zappar makes no warranties or representations whatsoever about any Third Party Service which you may access through the Zappar Services.
Without limiting the foregoing, these Third Party Services are in no way approved, vetted, checked or endorsed by Zappar and you agree that we shall not be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on a Third Party Service. If you choose to access a Third Party Service, you do so at your own risk. In addition, the use of a Third Party Service may be subject to your acceptance of additional terms and conditions and privacy policies, which will have no impact on the applicability of these Terms. For the avoidance of doubt, this includes product or service information found upon scanning an Accessible QR Code.
Third Party Promotions
Some Zappar Services may contain or display third party advertising, promotions or sponsorship. Advertisers, promoters and sponsors (collectively, “Promoters”) are responsible for ensuring that material submitted for inclusion within the Zappar Services complies with relevant laws, regulations and codes of practice. Zappar will not be responsible to you for any error or inaccuracy in any third party advertising, promotional or sponsorship material.
Your communication or dealings with, or participation in promotions of, Promoters found on or through the Zappar Services, including payment and delivery of related goods or services, rules for entry into competitions and free prize draws, and other terms, conditions, warranties or representations associated with such dealings are solely between you and the Promoter. Zappar shall have no responsibility in relation thereto.
Your communication or dealings with, or participation in promotions or otherwise with such Promoters are solely between you and such third parties and Zappar shall have no responsibility in relation thereto beyond those obligations expressly contained in these Terms and our Privacy Notice for the Zapvision Services: https://www.zappar.com/privacy/ In addition, your use of any product or service connected to an Accessible QR Code published or used by a third party may be subject to your acceptance of additional terms and conditions and privacy policies, which will have no impact on the applicability of these Terms. You should check any instructions that accompany the Accessible QR Code for further details.
5. Use of the Zappar platform by young children
Parents and guardians should be aware that the Zappar Services are a general audience service and depending on how our platform is used may potentially provide access to a wide variety of content and experiences some of which may be of a nature deemed unsuitable for young children. If you have any concerns, you may wish to monitor your child’s use of the Zapvision App.
6. Rules applying to your use of the Zappar Services
You may not use the Zappar Services in any improper or unlawful manner or in breach of any legislation or licence that applies to you or any contractual obligations that you owe to a third party. You are responsible for your relationship with other users. However, we reserve the right, but are not obliged, to monitor disputes between you and other users.
You agree that you will not use, copy, download, extract or reutilise any part of the Zappar Services or use or allow any third party to use, copy, download, extract or reutilise any part of the Zappar Services for any purpose except as expressly permitted by the licences granted to you in Section 8 below. You also agree to comply with all instructions that we may give you regarding the use of the Zappar Services.
Without limiting the foregoing, you agree that when using the Zappar Services you will not:
- abuse, harass, threaten or intimidate other users of the Zappar Services or disclose personal information about others that could amount to abuse, harassment, threats or intimidation;
- publish, post, upload, link to, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, vulgar, harmful, confidential, libellous, hateful, threatening or otherwise illegal material or information or anything which might constitute a criminal offence or give rise to a civil liability either for you or Zappar;
- publish, post, upload, link to, store, distribute or disseminate nude, partially nude or sexually suggestive photos or videos;
- compromise the rights of, bring harm to, or in any way unfairly deal with children or minors;
- incite, promote or encourage violent, exploitative, racist, discriminatory, socially unacceptable or irresponsible behaviour;
- reveal any confidential or sensitive information about another person unless you are authorised to make that disclosure;
- upload or link to files that contain software or other material which are the Intellectual Property Rights of any third party or which are protected by rights of privacy or publicity of any third party without having received all necessary permissions;
- interfere with any other person’s use or enjoyment of the Zappar Services, including creating or submitting unwanted email or comments to users;
- upload or link to files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the Zappar Services;
- impersonate others or misrepresent your affiliation with a person;
- promote any activity that is illegal; or
- harvest, scrape or collect information from the Zappar Services.
Provision of equipment
You understand and accept that you are solely responsible for all costs involved with accessing and using the Zappar Services. This includes obtaining (at your own cost) all necessary equipment and telecommunications services required to access and use the Zappar Services. You are responsible for ensuring that no one uses your equipment or device to access the Zappar Services without your permission. We will be entitled to assume that anyone who accesses the Zappar Services using your equipment or device has your permission to do so and you will be liable for any charges or any other costs, liabilities or damages that may be incurred by any such person.
7. User registration
You are not required to register with Zappar simply to use the Zapvision App.
Some features of the Zappar Services may require you to opt-in or provide personal information before you can use them. Please refer to the Zappar Privacy Notice for further details: https://www.zappar.com/privacy/
8. Intellectual Property Rights and licences
Ownership and trademark notices
Zappar is the sole and exclusive owner or licensee (as applicable) of any intellectual property rights arising in the Services, including without limitation, any text, illustrations, logos, brands, designs, interfaces, the Zappar Services, the Zapvision App, ZAPPAR logo and ZAPPAR POWERED trademarks, ZapWorks, ZapBox, the ZAPPAR BOLT device and all ZAPCODES containing the ZAPPAR BOLT (collectively, the “Zappar Marks”), any registrations and applications for registration of the Zappar Marks, and their associated goodwill, throughout the world. Where we grant you the right to use any Zappar Marks, all use of the Zappar Marks by you will inure to the benefit of Zappar. You will not acquire any right, title or interest in or to any of the Zappar Marks.
The ZAPPAR logo is a trademark of Zappar Limited that has been registered in the United Kingdom, European Union, the United States of America and China, and is in the process of being registered in other countries. All other trademarks, straplines, graphics and logos used on or in connection with the Zappar Services are unregistered or registered trademarks or service marks of Zappar Limited, its licensors or business partners.
Zappar does not make any warranty or representation in respect of the ownership or origin of any Third Party Content available from the Zappar Services.
Licences granted to users
The Zappar Services (including all Intellectual Property Rights) are owned by and shall remain owned by Zappar or our licensors. Zappar grants you a revocable, single user, non-transferable, non-exclusive, limited licence to use the Zapvision App provided to you by Zappar or our licensors as part of the Zappar Services, subject to the following conditions of use: (a) the Services may only be used for your own personal use and not for any commercial purposes whatsoever; (b) any information accessed via the Services must not be reproduced or included in any other work or publication in any medium without our prior written consent; (c) the Zapvision App must not be modified or altered in any way and no derivative works must be created from it; (d) the Zapvision App must not be distributed or sold to any third party; (e) you must not remove, alter or obscure any copyright, trademark or other proprietary rights notices contained in the Zapvision App; (f) due to territorial restrictions on use you understand that you may not be able to access certain items of Content from your locality; and (g) you must not reverse engineer, decipher, decompile, disassemble or attempt to extract any algorithms, source code or other trade secrets contained in any Services.
Subject to the above, Zappar also grants you a revocable, single user, non-transferable, non-exclusive, limited licence to use the code and software provided to you by Zappar or our licensors as part of the Zappar Services solely for the purpose of enabling you to use the Zappar Services in accordance with these Terms. You must not modify, alter, copy or create derivative works based on the Software and must not reverse engineer, decipher, decompile, disassemble or attempt to extract the algorithms, source code or other trade secrets contained in the Software. No Accessible QR Code may be reproduced or included on or within any other material.
Comments and suggestions
You are free to submit comments, ideas, suggestions and recommendations to Zappar with respect to the Zappar Services (a “Submission”) and, in that case, the ownership rights in and to the Submission and the ideas, inventions, discoveries, works of authorship and related Intellectual Property Rights in the Submission remain with you; however by making the Submission you agree that such Submission will not be treated as confidential, regardless of what you state in your accompanying message or otherwise. You also grant to Zappar an unlimited, non-exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide licence to use, copy, modify, translate, publish, display, perform, transmit, distribute, make, import, sell, offer to sell, lease, license or otherwise transfer, including the right to sub-license any of these rights to others, any Intellectual Property Rights you may have in the Submission. This means that Zappar will be free (but not obliged) to exploit and use any Submission we receive from you in our business in such manner as we see fit and without having to provide you with any form of attribution or financial compensation of any kind.
9. SERVICE DISCLAIMERS
ZAPPAR WILL EXERCISE ALL REASONABLE SKILL AND CARE IN PROVIDING THE ZAPPAR SERVICES. HOWEVER, WE DO NOT GUARANTEE AND ARE NOT RESPONSIBLE FOR THE ACCURACY, COMPLETENESS, SUBJECT MATTER OR RELIABILITY OF ANY CONTENT, IN PARTICULAR ANY THIRD PARTY CONTENT. ANY VIEWS EXPRESSED BY THIRD PARTIES IN THE CONTENT OR OTHERWISE IS THEIRS AND NOT THOSE OF ZAPPAR. YOU ACKNOWLEDGE AND AGREE THAT ZAPPAR DOES NOT ENDORSE IN ANY WAY ANY CONTENT AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT.
ZAPPAR DOES NOT WARRANT THAT THE ZAPPAR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE ZAPPAR SERVICES AND ALL MATERIALS AND INFORMATION PROVIDED BY US ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT GUARANTEE OF ANY KIND AND ALL CONDITIONS, STATEMENTS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED (INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT) ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE AND DO NOT PROMISE THAT THE ZAPPAR SERVICES AND THE MATERIALS AND INFORMATION PROVIDED THROUGH THEM WILL MEET YOUR REQUIREMENTS OR THAT YOU WILL NOT BE EXPOSED TO CONTENT WHICH IS FACTUALLY INCORRECT OR WHICH YOU MAY FIND OFFENSIVE, INDECENT OR OTHERWISE OBJECTIONABLE. ZAPPAR DOES NOT REVIEW OR VERIFY THIRD PARTY CONTENT. THEREFORE, WE ADVISE YOU TO CHECK ANY MATERIALS OR INFORMATION PROVIDED TO YOU THROUGH THE ZAPPAR SERVICES AS ANY RELIANCE THAT YOU PLACE ON THE ACCURACY, COMPLETENESS OR RELIABILITY OF THAT CONTENT IS ENTIRELY AT YOUR OWN RISK. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST ZAPPAR WITH RESPECT TO SUCH CONTENT.
YOU ARE RESPONSIBLE FOR TAKING ANY NECESSARY PRECAUTIONS TO PROTECT YOURSELF AND YOUR DEVICES AND COMPUTER SYSTEMS FROM VIRUSES, WORMS, TROJAN HORSES AND OTHER HARMFUL OR DESTRUCTIVE CONTENT.
ZAPPAR DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS USING THE ZAPPAR SERVICES, NOR DO WE HAVE ANY OBLIGATION TO MONITOR THE USE OF THE ZAPPAR SERVICES BY OTHER USERS. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY, INFORMATION OR USER GENERATED CONTENT.
WE RECOMMEND THAT YOU ALWAYS BE AWARE OF AND PAY CLOSE ATTENTION TO THE CONTEXT AND ENVIRONMENT IN WHICH YOU ARE USING THE ZAPPAR SERVICES, TO ENSURE THAT YOU DO NOT HARM YOURSELF OR OTHERS. YOU UNDERSTAND AND ACCEPT THAT ALL USE OF THE ZAPPAR SERVICES IS ENTIRELY AT YOUR OWN RISK. SUBJECT TO PARAGRAPH (2) OF SECTION 11 (“EXCLUSION AND LIMITATION OF LIABILITY”), YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT YOUR USE OF THE ZAPPAR SERVICES MAY CAUSE TO YOU, YOUR PROPERTY OR THIRD PARTIES.
10. User warranties and indemnity
You represent and warrant to Zappar that: (a) your use of the Zappar Services will be in accordance with these Terms and all applicable laws and regulations; and (b) your use of the Zappar Services will not infringe the Intellectual Property Rights, privacy rights or any other rights of any third party.
INDEMNIFICATION. You shall indemnify and hold harmless Zappar and our employees, officers, contractors and licensors (each an “Indemnified Party”) from and against any and all losses, liabilities, claims, actions, proceedings, damages, costs and expenses (including Court costs and legal fees) whether direct, indirect or consequential and including any economic loss or other loss of profits, business or goodwill (“Claims”) suffered or incurred by us or any other Indemnified Party as a result of any of the following matters: (a) your use of the Zappar Services; and (b) any breach by you or anyone acting on your behalf of these Terms. We will notify you of any such Claims and keep you informed as to the progress of such Claims.
11. EXCLUSION AND LIMITATION OF LIABILITY
(1). THIS SECTION 11 SETS OUT THE ENTIRE FINANCIAL LIABILITY OF ZAPPAR (INCLUDING ANY LIABILITY FOR THE ACTS OR OMISSIONS OF OUR EMPLOYEES, AGENTS AND SUBCONTRACTORS) TO YOU IN RESPECT OF: (A) ANY BREACH OF THESE TERMS; (B) ANY USE MADE BY YOU OF THE ZAPPAR SERVICES OR ANY ASPECT OF THEM; AND (C) ANY REPRESENTATION, STATEMENT OR TORTIOUS ACT OR OMISSION (INCLUDING NEGLIGENCE) ARISING UNDER OR IN CONNECTION WITH THESE TERMS OR THE ZAPPAR SERVICES.
(2). NOTHING IN THESE TERMS LIMITS OR EXCLUDES ZAPPAR’S LIABILITY FOR THE FOLLOWING MATTERS: (A) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER LIABILITY WHICH MAY NOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW, INCLUDING WHERE APPLICABLE ANY STATUTORY RIGHTS AS A CONSUMER.
(3). SUBJECT TO PARAGRAPH (2) OF THIS SECTION, YOU AGREE THAT ZAPPAR SHALL NOT BE LIABLE TO YOU FOR ANY OF THE FOLLOWING: (A) LOSS OF ANTICIPATED SAVINGS OR LOSS OF OPPORTUNITY; OR (B) LOSS OR CORRUPTION OF DATA; OR (C) ANY LOSS OF REVENUE, PROFIT OR BUSINESS (WHETHER DIRECT OR INDIRECT); OR (D) LOSS OF GOODWILL OR INJURY TO REPUTATION; OR (E) LOSSES SUFFERED BY THIRD PARTIES OR (F) ANY INDIRECT LOSS, CLAIM OR DAMAGE, OR ANY PUNITIVE, EXEMPLARY, MULTIPLE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND; IN EACH CASE WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF THE ZAPPAR SERVICES; OR ANY FAILURE OR DELAY IN THE USE OF ANY COMPONENT OF THE ZAPPAR SERVICES INCLUDING, WITHOUT LIMITATION, ANY UNAVAILABILITY OF THE ZAPPAR SERVICES IRRESPECTIVE OF DURATION OF ANY PERIOD OF UNAVAILABILITY; OR ANY USE OF OR RELIANCE UPON ANY INFORMATION, MATERIAL, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE ZAPPAR SERVICES, IN ALL CASES EVEN IF FORESEEABLE OR WE HAVE BEEN FOREWARNED OF THE POSSIBILITY OF YOU SUFFERING SUCH LOSS OR DAMAGE.
(4). SUBJECT TO PARAGRAPH (2) OF THIS SECTION, ZAPPAR'S TOTAL AGGREGATE LIABILITY TO YOU IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), MISREPRESENTATION, RESTITUTION OR OTHERWISE, ARISING IN CONNECTION WITH THE PERFORMANCE OR CONTEMPLATED PERFORMANCE OF THE ZAPPAR SERVICES SHALL IN ALL CIRCUMSTANCES BE LIMITED TO £100.
(5). WITHOUT LIMITING THE EFFECT OF PARAGRAPH (2) OF THIS SECTION, DUE TO THE INHERENT RISKS OF USING THE INTERNET AND APPLICATIONS, ZAPPAR SHALL NOT BE LIABLE FOR ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, DEVICE OR ANY OTHER PROPERTY WHEN USING THE ZAPPAR SERVICES. THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR INFORMATION THROUGH THE ZAPPAR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER EQUIPMENT, DEVICE OR OTHER PROPERTY, OR LOSS OF DATA, THAT RESULTS FROM THE DOWNLOADING OR ACQUISITION OF ANY SUCH MATERIALS.
12. Termination and consequences
We may cease the provision of all or any of the Zappar Services or any features or functions of Zappar Services, or terminate your right to access and use Zappar Services at any time at our sole and absolute discretion for any reason whatsoever and with or without giving notice to you. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship with Zappar and may be referred to the appropriate law enforcement authorities. You are under no obligation to use any of the Zappar Services and may simply choose to stop using them at any time.
Upon cessation or termination by Zappar or you, regardless of the reasons therefor:
- Your right to use the Zappar Services (or part thereof) and all related licences immediately ceases, and you acknowledge and agree that Zappar may delete any registration for the services and remove and permanently erase all information associated with you;
- Zappar may deny you any further access to and use of the Zappar Services, which may include taking technical steps to prevent your access to the Zappar Services;
- Zappar shall not be liable to you or any third party for any claim or damages arising out of said cessation or termination or for the consequent loss of any content or information;
- All provisions of these Terms that are intended to survive the cessation or termination by their nature or because such has expressly been provided for shall survive such cessation or termination. These provisions include provisions relating to ownership of intellectual property, disclaimers, indemnity obligations, limitations and exclusions of liability, and applicable law.
Termination of your right to use any Zappar Services (or features or functions thereof), howsoever caused, shall not affect the accrued rights and liabilities of either you or Zappar as at the time of such termination.
We will use any personal information that we may collect about you through the Zappar Services in accordance with our privacy notice for the Zappar Services. Please click here https://www.zappar.com/privacy/ to view the privacy notice. This notice is an essential part of your engagement with Zappar and it is important that you take time to read it.
14. International use
We make no promise that Content is appropriate or available for use in every country, and accessing the Zappar Services and/or Content from territories where its contents are illegal or unlawful is prohibited. If you choose to access or use any Zappar Services from locations outside of the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws. Any offer for any product, service and/or information in connection with the Zappar Services is void where prohibited.
Amendments. Except as expressly provided otherwise herein, these Terms may only be amended by a written document that has been signed by an authorised representative of Zappar.
Assignment. You may not assign, transfer, sub-license or delegate any of your rights or obligations under these Terms to any other person. We may assign our rights under these Terms to another legal entity or business where we reasonably believe your rights will not be adversely affected.
Entire Agreement. You agree that these Terms and the other documents referred to in it constitutes the entire agreement between you and Zappar regarding the Zappar Services and their use; and supersedes all prior agreements, understandings, communications and proposals with respect to the subject matter of these Terms. You and Zappar acknowledge and agree that in entering into this relationship neither of us relies on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party hereto or not) relating to the subject matter of these Terms, other than as expressly set out in these Terms. This provision does not exclude any liability for fraud or fraudulent misrepresentation.
Force Majeure. Zappar shall not be responsible for any breach of these Terms or failure of the Zappar Services (or part thereof) caused by circumstances beyond our reasonable control, including any Act of God, terrorism, failures or delays in communications, strikes, labour disturbances or slowdowns, actions by hackers, denial of service attacks, internet service provider failure, unavailability of the world wide web, power failure, Government action, or any act or failure by you or your employees, agents, or contractors.
No Injunctive Relief. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Zappar Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Zappar Services or any Content used or displayed through the Zappar Services.
No Waiver. If you breach these Terms and Zappar chooses to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms.
Relationship between us. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither of us has any authority of any kind to bind the other in any respect.
Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall nevertheless remain valid and enforceable, to the extent they can be given effect without the invalid portions.
Third party rights. These Terms do not confer any rights on any person or party other than Zappar and the user and, where applicable, their successors and permitted assigns.
Any notice Zappar is required or permitted to give under these Terms may either be sent to you by email - to the most recent email address we have for you (if any) - or posted on the Zappar Website. You may send notices to us by email or by post using our addresses listed in Section 19 (“Our Contact Details”). An email will be deemed received on the date of successful transmission and any notice sent to us by post will be deemed received when we actually received it at our offices.
17. Applicable law and jurisdiction
Notwithstanding any conflict of laws principles, these Terms, the provision of the Zappar Services and all other aspects of the relationship between you and Zappar (including any non-contractual disputes or claims) shall be governed by and construed in all respects in accordance with English law.
We will try to resolve any disagreements or claims arising out of or related to these Terms or the Zappar Services (a “Dispute”) quickly and efficiently. If you are not happy with the way Zappar deals with any Dispute (including any non-contractual dispute or claim) and you want to take legal action or issue court proceedings in respect of the Dispute, you must do so exclusively within England and Wales. Notwithstanding this Section, you agree that Zappar shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal action) in any jurisdiction where you reside or have assets.
NO CLASS ACTIONS. You may only resolve disputes with Zappar on an individual basis and will not bring a claim in a class, consolidated or representative action. Class arbitrations, class actions, private attorney general actions and consolidation with other arbitrations are not allowed.
Please contact us at email@example.com if you believe that any content displayed on or linked to from the Zappar Services infringes your Intellectual Property Rights or your privacy rights. You can also use this email address to report violations of these Terms.
19. Our contact details
The Zappar Services are owned and operated by Zappar Limited, a company incorporated in the United Kingdom and registered in Scotland with company number SC394617. The Company’s registered office address is The Cairn, Auchterarder, Perthshire, PH3 1NR, Scotland. The company is VAT registered in the United Kingdom and our VAT registration number is GB 108 3635 25.
If you have any questions about the Zappar Services or these Terms, please contact us using the following addresses:
FAO Legal Dept, Zappar Limited, 10, Barley Mow Passage, Hounslow W4 4PH, UK